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2019 Supreme(SC) 634

D.Y.CHANDRACHUD, HEMANT GUPTA
Shilaben Ashwinkumar Rana – Appellant
Versus
Bhavin K. Shah – Respondent


Advocates appeared:
For the Appellant : Rabin Majumder, Joydeep Mukherjee, Advs.
For the Respondent: Tejveer Singh Bhatia, Rohan Swarup, Ms. Vishakha Ahuja, Vivek Ranjan, Ms. Archana S., Gaurav Sharma, Advs.

JUDGMENT :

1. Leave granted.

2. The appeal arises from a judgment of the National Consumer Disputes Redressal Commission ("NCDRC") dated 15 May 2014. The finding of a deficiency of service is based on medical negligence.

3. The compensation that was granted by the District Consumer Disputes Redressal Forum ("District Forum") has been enhanced to Rs. 10,00,000 (Rupees Ten Lakhs). The District Forum granted compensation in the amount of Rs. 5,00,000 (Rupees Five Lakhs) together with interest @ 9% per annum and costs of Rs. 25,000 (Rupees Twenty Five Thousand). The State Consumer Disputes Redressal Commission ("SCDRC"), deleted the order for the payment of costs. The SCDRC also held that the liability would be joint and several as between the general surgeon and the anesthetist.

4. The Son of the appellant was admitted to the Jivanshri Hospital, Balasinor at which the respondents were attached as surgeon and anesthetist. The child who was 21/2 years of age was suffering from penile phimosis. On 25 December 2008, the first respondent performed a procedure of surgical circumcision. The procedure took about fifteen minutes. Soon after it was over, the child developed respiratory distress. In











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